Divorcing the wife during a period of purity in which he did [149] The jurists refer to this divorce as the Sunni divorce i.e. it conforms to the Sunnah. not have intercourse with her and divorcing the woman during her pregnancy
a. Divorcing the wife during a period of purity in which he did not have intercourse with her: The scholars are in consensus that if the divorce takes place while the wife is in a state of ritual purity and during which the husband has not had intercourse with her, is a divorce that conforms to the Sunnah. The consensus is transmitted by Ibn Nasr al-Marwazee, Ibn al-Munthir and Ibn ‘Abd al-Barr.
b. Divorcing the wife during her pregnancy: The four Madhabs agree that it is permissible to divorce a wife while she is pregnant.
2. Divorcing the wife during her period and divorcing the wife during a period of purity in which he had intercourse with her
a. The ruling of divorcing the wife during a period of purity in which he had intercourse with her or during her period [150] The jurists call it the innovative divorce i.e., it does not conform to the Sunnah : The four Madhabs agree that it is forbidden for a man to divorce his wife during her menses or during a period of purity in which he had intercourse with her.
b. Validity of divorce while the wife is in her menses and or during a period of purity in which he had intercourse with her: The four Madhabs agree that the divorce takes place even if it is issued while the wife is menstruating or during a period of purity in which he had intercourse with her.